History of Special Education Law

  • Watson v. City of Cambridge

    It is important to note the vast difference before movements to advocate for students with disabilities. In this case, it was agreed that students who were disruptive to other students could be expelled from school. These students were said to be "weak in the mind" (Yell, 2016).
  • Plessy v. Ferguson

    This case upheld laws that it was acceptable to run facilities as "separate but equal". Schools were segregated by race and the education provided was very much unequal. This case was overturned by the ruling of Brown v. Board of Education years later.
  • Compulsory attendance laws placed in all states

    These laws were the first movement to address the exclusion of children with disabilities from public education. They set the stage for further developments in inclusion efforts. Many cases and laws addressed this in the coming years after the compulsory attendance laws. Though all states enacted compulsory attendance laws by 1918, students with disabilities were still excluded from school at this point.
  • Beattie v. Board of Education

    A school was permitted to exclude a student with disabilities although he had attended public school until the 5th grade. These cases show the drastic discrimination and difference from our current expectations and standards and the need for continued efforts to improve the education of children with disabilities.
  • Civil Rights Movement

    [1954-1968] This movement aimed to destroy laws that allowed racial segregation and discrimination. These standards empowered advocated to fight for people with disabilities to have equal rights and protection with typically functioning peers. The goals of the civil rights movement inspired many of the laws created for students with disabilities years after.
  • Brown v. Board of Education

    This case deemed segregation in school as a violation of the equal protection clause under the 14th Amendment. This case showed the negative affects on the education provided to students as a result of segregation. Though this mainly revolved around differences in race, advocates used this case to demonstrate the wrongfulness in fully excluding students with disabilities. This case was a catalyst for future cases defending children with disabilities.
  • Education of the Handicapped Act (EHA)

    The Elementary and Secondary Education Act (ESEA, 1965) had been created for the first federal funding of students with disabilities. EHA replaced part of ESEA and worked to improve upon federal grant programs. Significantly, this was the "first freestanding special education law", leading to further laws and progress in the future. The EHA was further amended in 1974 to create a National Advisory Council and ensure all funded states provided educational opportunities.
  • PARC v. Pennsylvania

    This case pointed out the violation of the equal protection clause under the 14th Amendment by excluding children with disabilities from school. They made 4 substantial points that greatly set standards for our current approach to special education. Overall, it was determined that children with disabilities age 6-21 should be provided a free public education and this education should be as similar as possible to general education.
  • Mills v. Board of Education

    This case highlighted the experiences of 7 children who represented around 18,000 others that had been excluded from a public education in Washington D.C without due process. The case established safeguards which later inspired the due process component of the Education of All Handicapped Children Act. It also established how due process laws should be approached in schools for children with disabilities.
  • Section 504 Rehabilitation Act

    As the first law protecting people with disabilities, the Civil Rights Movement and the laws created at the time had a great impact on this law and the goals to eliminate unfair treatment and exclusion of people with disabilities. This law ensured that government funded agencies would provide services to all people with disabilities and those services would be individualized to assist in the best way possible.
  • Education for All Handicapped Children Act

    This law worked to end the exclusion of children with disabilities from public education and to address the lack of appropriate education that children with disabilities in school were receiving. This law provided incentives from the federal government that held states accountable and required them to send a plan for the education and services they would provide. This act also required students to have an IEP to ensure their appropriate and individualized education.
  • The Education of the Handicapped Amendments

    This law became part of IDEA. It regarded children 0-3 years of age who had or were at risk for developmental delays. By adding that "at risk" children should be supported, these amendments took a more proactive approach. All families receiving these services were to be given an Individual Family Service Plan (IFSP).
  • References

    Yell, M., L. (2016). The Civil Rights Movement and Brown vs. Board of Education. The Law and Special Education. (4th ed., pp. 39). Pearson Education.